State v. Crenshaw, 38658
| Decision Date | 16 March 1973 |
| Docket Number | No. 38658,38658 |
| Citation | 189 Neb. 780,205 N.W.2d 517 |
| Parties | STATE of Nebraska, Appellee, v. Willie CRENSHAW, Appellant. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. The test of mental competency to stand trial is whether the defendant has capacity to understand the nature and object of the proceedings against him; to comprehend his own condition in reference to such proceedings; and to make a rational defense.
2. If facts are brought to the attention of the court which raise a doubt as to the sanity of the defendant, the question of competency should be determined at that time.
3. The question of competency to stand trial is one of fact to be determined by the court and the means employed in resolving the question are discretionary with the court.
Donald C. Hosford, Jr., Omaha, for appellant.
Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Deputy Atty. Gen., Lincoln, for appellee.
Heard before WHITE, C.J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.
The defendant was convicted of shooting with intent to kill, wound, or maim. He was sentenced to 10 to 15 years imprisonment on March 4, 1970. No appeal was taken from that judgment. A motion to vacate the conviction and sentence was filed on March 3, 1971. After an evidentiary hearing, the trial court found the motion should be denied. The defendant appeals.
The principal issue is whether the defendant was competent to stand trial at the time of his conviction in 1970. The defendant was represented by the public defender throughout the original proceeding but the question of mental competency was not raised at that time.
The defendant does not contend that the conviction and sentence necessarily were void, but rather that the evidence creates a sufficient question to warrant a hearing on the issue of competency. An evidentiary hearing was held on the motion to vacate, and the evidence presented at that hearing is before us for review at this time.
The test of mental competency to stand trial is whether the defendant has capacity to understand the nature and object of the proceedings against him; to comprehend his own condition in reference to such proceedings; and to make a rational defense. State v. Klatt, 187 Neb. 274, 188 N.W.2d 821.
If facts are brought to the attention of the court which raise a doubt as to the sanity of the defendant, the question of competency should be determined at that time. State v. Anderson, 186 Neb. 435, 183 N.W.2d 766; State v. Boston, 187 Neb. 388, 191 N.W.2d 452. The question of competency to stand trial is one of fact to be determined by the court and the means employed in resolving the question are discretionary with the court. Section 29--1823, R.S.Supp., 1972; State v. Anderson, Supra.
At the hearing on the motion to vacate, the defendant testified by deposition and offered the affidavits of five prisoners who had observed him while he was being held in the Douglas County jail or in the Nebraska Penal and Correctional Complex. The affidavits state, in substance, that the defendant appeared to be confused, hallucinating, and without understanding of what had happened.
The record contains a report which shows the defendant was confined in the Lincoln Regional Center from April 16, 1970, to July 31, 1970. The report of the psychiatrist, made at the time...
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...State v. Anderson, supra [186 Neb. 435, 183 N.W.2d 766 (1971)]; State v. Boston, 187 Neb. 388, 191 N.W.2d 452 (1971); State v. Crenshaw, 189 Neb. 780, 205 N.W.2d 517 (1973). (Emphasis supplied.) 191 Neb. at 802, 218 N.W.2d at Thus, we conclude that further doubt was raised at sentencing. At......
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...6.49 State v. Jones,258 Neb. 695, 605 N.W.2d 434 (2000).50 State v. Dunkin,283 Neb. 30, 807 N.W.2d 744 (2012).51 See State v. Crenshaw,189 Neb. 780, 205 N.W.2d 517 (1973).52 Pangborn, supra note 13.53 State v. Stricklin,290 Neb. 542, 861 N.W.2d 367 (2015).54 State v. Kass,281 Neb. 892, 799 ......
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State Of Neb. v. Tamayo
...against him, to comprehend his own condition in reference to such proceedings, and to make a rational defense. See, State v. Crenshaw, 189 Neb. 780, 205 N.W.2d 517 (1973); Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 State v. Klatt, 187 Neb. 274, 188 N.W.2d 821 (1971). ......